Unfair dismissal: Social worker sacked for telling vulnerable user she was fat

The Workplace Relations Commission Adjudication Officer deemed the dismissal unfair and ordered the employer to pay compensation. Picture: Eamonn Farrell/RollingNews.ie

A care services provider sacked a social worker for gross misconduct for telling a 'vulnerable' care user that she was ‘fat’.

Now, the Workplace Relations Commission (WRC) Adjudication Officer, Maria Kelly, has found that the dismissal was unfair and has ordered the employer to pay €6,000 compensation to its former employee.

The worker was unfairly dismissed arising from an incident on May 29 last year where the female service user alleged that the social worker told her “I am not trying to be funny, but you are fat”.

The service user stated that the comment made her feel sad.

In her findings, Ms Kelly found that worker did something that he should not have done.

She stated: “His comments were inappropriate and caused a vulnerable service user to become upset. The complainant could not provide any valid reason for his actions.” 

She stated that the worker acknowledged that the service user could have reacted to his comments by self-harming or absconding.

Ms Kelly stated that what occurred on May 29, 2019 “was a very serious error that caused great upset to the service user”.

The employer dismissed the worker in July 2019 after concluding that “you caused the service user unnecessary distress and you did not deliver effective care, failing to ensure her welfare to be the most important”.

His comments were inappropriate and caused a vulnerable service user to become upset. The complainant could not provide any valid reason for his actions

The employer told Ms Kelly at hearing that the actions of the worker “irreparably damaged the company’s trust and confidence in him and rendered the continuation of the employment relationship impossible, therefore justifying dismissal”.

The employer stated that the gravity of the worker’s actions “are even more significant when considered in tandem with the vulnerability and status of the service user concerned”.

However, Ms Kelly found that the dismissal was unfair after concluding that the decision-maker did not consider any alternative penalty to dismissal.

Ms Kelly stated: “The decision to dismiss did not take account of all the circumstances. The decision to dismiss cannot be regarded as coming within the range of reasonable responses of a reasonable employer as alternatives to dismissal were not considered.” 

Ms Kelly stated that she was also satisfied that the worker contributed significantly to his own dismissal.

In the case, the employer told the WRC that the service user’s version of the incident was supported by statements from other members of staff who had been present.

The employer – which employs 1,500 people, including 1,300 frontline workers provides residential care and day services to adults and children with complex support requirements — stated the employee did admit using the ‘fat’ word during the incident.

He acknowledged that the use of the word was not appropriate but stated that the comment was intended as a joke.

At the WRC hearing into his claim of unfair dismissal, the worker stated that he made the ‘fat’ remark without thinking, He stated that he instantly regretted this lack of judgment and apologised.

He described the service user in question as someone who would usually be involved in banter.

The worker told the WRC that the one-off incident did not warrant dismissal on the grounds of gross misconduct.

He stated that he was willing to retrain if that option had been made available to him, but it was not.

He stated that lesser disciplinary sanctions were passed over.

The social worker started his employment with the care services provider in 2016 and he told the WRC that he commenced a new post with a different employer in January 2020, at a higher hourly rate, on a relief panel.